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Court of Chancery Clarifies when there is a Contract

BAE Systems Information and Electronic Systems Integration, Inc. v. Lockheed Martin Corp., C.A. 3099-VCN (Del. Ch. Feb. 3, 2009)


It is sometimes difficult to decide when a writing is an enforceable contract or merely an agreement to agree. This decision sets out the methodology to decide that question. Particularly important is the way that other businesses operate in the same field for that may provide guidance on how to “fill in the blanks.”

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